Law and the Wearing of Religious Symbols/ European Bans on the Wearing of Religious Symbols in Education Howard,Erica

Introduction
General background 1
The educational setting J
Chapter summaries 5
1 Key concepts
Introduction 8
Religion or belief 9
Legal prot'isions 9
Case law 11
Objective or subjective belief 13
Other legislative instruments 14
Preedom of religion as a human right 16
Absolute right - forum internum 16
Qualified right - forum externum 17
Manifestation of religion or belief 18
'Peaching and proselytising 24
Religious discrimination 25
Religious symbols 27
Conclusion 28
2 Arguments for and against bans on the wearing of
religious symbols
Introduction }0
Reasons for banning religious symbols 31
Safety and security 31
Separation and segregation 32
Bcnrier to communkation 34
S/il>l)ression of women und uguimt equality between men and
women 35
Preservation of the secularist nature of the stale 37
Counter arguments and arguments against banning religious symbols 39
No need for ban on the grounds given 40
Breach offreedom of religion 49
Breach of the right to eciuality and protection against
discrimination 49
Conclusion 50
Bans on religious symbols as a breach of the human
right to freedom of religion
Introduction 53
Article 2, Protocol I IICUR 55
Violation of freedom of religion 58
Case law from the European Court of Human Rights 58
British case law 66
Case law from other countries 74
Conclusion 76
Bans on religious symbols as a breach of
anti-discrimination laws
Introduction 78
Equality and non-discrimination 79
Eciuality and non-discrimination as a human right 79
Bans as a form ofdiscrimination 81
Case law 84
Discrimination-based claims versus human rights-based claims 94
European Court of Human Rights 94
British case law 96
Conclusion 100
Justification
Introduction 102
Justification in Article 9 ECHR 104
Prescribed by law 104
Necessaiy in a democratic society / 05
Ijigitimate aims 107
Proportionality 110
Margin ofappreciation 112
Justification in Article 14 ECllR 114
Justification in the ELI Charter of Fundamental Rights 117
Justification in EU anti-discrimination law 117
Justification in national anti-discrimination law 120
British anti-discrimination law 120
Other jurisdictions 121
Alternatives as justification 122
Conclusion 126
6 Reasonable accommodation and equality duties
Introduction 128
Reasonable accommodation 129
USA and Canada 129
European Court of Human Rights 134
European Union laiv 133
F.cjuality duties 144
Conclusion 149
1 Conclusion
Introduction 133
Concluding summaries 133
Key concepts 133
A rguments for and against bans on the wearing of religious
symbols 134
Bans on religious symbols as a breach of the human right to freedom of
religion 133
Bans on religious symbols as a breach of anti-discrimination laws 136
JustiJication 137
Reasonable accommodation and public sector ecjuality duties 138
Conclusion: different claims - same results? 139